scholarly journals Implementation of State Policy in the Field of Guardianship and Trusteeship: Regional Aspect

2020 ◽  
Vol 37 (65) ◽  
pp. 82-92
Author(s):  
Elvira V. Koroleva ◽  
Yana A. Volynchuk
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
State Policy ◽  
Educational Environment ◽  
Adoptive Parents ◽  
Regional Aspect ◽  
The Family ◽  
The Russian Federation ◽  
The Right ◽  
The Guardian

The objective of the work is to review the implications of the implementation of state guardianship policy in the Primorsky territory of the Russian Federation. The institution of the family is the most important factor for the development of the child's personality; its role is constantly growing in the development and education of children. Without a doubt, the family is a natural educational environment for a child who leaves his mark on his behavior and character. A special place in the modern legal system is occupied by the aspect of the right of the child and the protection of the interest that is left without the care of the parents. Methodologically, use was made of the documentary research technique close to legal hermeneutics. It is concluded that the guardianship and guardianship bodies perform a series of important functions for any civilized state, namely: identification of people who need to establish one of the forms of guardianship (adoption); adoption of such persons, as well as increased supervision of the guardian, the activities of the adoptive parents and of persons authorized by the state to care for those who need their help.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

Dual Citizenship in Russia

2019 ◽  
Vol 76 (1-2) ◽  
pp. 57-68
Author(s):  
Alexander Salenko
Keyword(s):  
Russian Federation ◽  
State Policy ◽  
Constitutional Court ◽  
International Treaties ◽  
Dual Citizenship ◽  
Judicial Practice ◽  
Russian State ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
The Right

In the USSR, the dual citizenship was expressly prohibited by the Soviet law. After Perestroika, a new stage of Russian statehood began: on 12 December 1993, the Constitution of the modern Russian Federation was adopted, which granted Russian citizens the right to have dual citizenship. Over the past twenty-five years, a new legislation has been adopted on the Russian citizenship, migration, and the state policy regarding compatriots living abroad. During these years, millions of Russian citizens have obtained second (multiple) citizenship, and with it came to questions, disputes and problems that required mediation of the Russian judiciary. In this regard, the main purpose of this article is to analyze the existing domestic legislation and international treaties of Russia on dual citizenship, to determine the dual citizenship regime in Russia - to examine the existing restrictions on the rights and freedom of persons with dual citizenship, and also to study the disputes on dual citizenship in the Russian Federation, in particular to scrutinize the judicial practice (leading cases) of the Constitutional Court of the Russian Federation. Based on an analysis performed in the article, the author draws conclusions regarding the further development of dual citizenship within the framework of the Union State of Belarus and Russia, and also investigates prospects of the Eurasian citizenship in the framework of the Eurasian Union. In addition, the author makes a proposal to Russian authorities to make information on registered Russian citizens with dual (multiple) citizenship more accessible and transparent, and also to adopt at the federal level a document on the Russian state policy regarding dual citizenship.

scholarly journals Regional aspect of small and medium-sized business development in Russia

2020 ◽  
Vol 12 (3) ◽  
Author(s):  
Alexey Karpunin ◽  
Elena Karpunina
Keyword(s):  
Russian Federation ◽  
State Policy ◽  
Business Development ◽  
Entrepreneurial Activity ◽  
Active Population ◽  
Regional Aspect ◽  
Priority Direction ◽  
Federal Districts ◽  
The Russian Federation ◽  
Taxation System

The article discusses topical problems associated with the development of small and medium-sized businesses in the Russian Federation. The purpose of this study is to analyze the situation of small and medium-sized businesses, as well as determine the main directions of development of small and medium-sized businesses in modern conditions. The authors analyze the main directions of state policy in the field of business development. Special attention is paid to the factors influencing the development of entrepreneurship. The article considers the importance of the tax on professional income as a special tax regime for self-employed citizens. The authors believe that the introduction of a tax on professional income will affect not only self-employed citizens wishing to register, but also acting individual entrepreneurs who work without hiring employees, and individual entrepreneurs applying the patent taxation system may consider registration as self-employed as an alternative option. The inclusion of self-employed citizens in the composition of small and medium-sized businesses is substantiated. The authors analyzed the dynamics of the number of small and medium-sized businesses in the Russian Federation, including in the context of micro-enterprises, small and medium-sized enterprises. The dynamics of the average number of employees employed in small and medium-sized businesses, as well as the dynamics of the number of small and medium-sized businesses per 1,000 people, including in the context of federal districts, has been studied. The trends in the development of small and medium-sized businesses, as well as their importance for the country's economy, are determined The article identifies the main problems that hinder the development of entrepreneurial activity in the Russian Federation. The authors come to the conclusion that the development of entrepreneurial activity in the regions should be a priority direction of state policy, and the involvement of the economically active population and self-employed citizens in entrepreneurship will contribute to this.

scholarly journals Assessment of the Readiness of Graduates of Organizations for Orphans and Children Left without Parental Care, and Graduates of Foster Families for an Independent Life: a Review and Analysis of Regional Practices

2021 ◽  
Vol 2 (2) ◽  
pp. 37-46
Author(s):  
I.A. Merkul ◽  
V.O. Volchanskaya
Keyword(s):  
Russian Federation ◽  
Independent Living ◽  
Career Guidance ◽  
Ministry Of Education ◽  
Department Of State ◽  
Current State ◽  
The Family ◽  
Independent Life ◽  
The Russian Federation ◽  
The Right

The problem of assessing the readiness of graduates of various forms of guardianship for independent life is associated with the lack of regulatory regulation of activities for the support of orphans and persons from among them in federal legislation and in the legislation of a number of regions of the Russian Federation. There is neither a unified approach to assessing readiness for independent living, nor a unified terminology base, which significantly complicates the development and improvement of assessment methods. The article presents the results of monitoring programs for the preparation of pupils of organizations for orphans for independent life, conducting an assessment of readiness in the subjects of the Russian Federation and describes the current state of the problem of readiness of graduates of organizations for orphans and graduates of substitute families in different regions, provided by the Department of State Policy in the field of Protection of Children’s Rights of the Ministry of Education of the Russian Federation. Specialists from 78 regions participated in the study, for which a special questionnaire was developed. The analysis of the obtained data showed that there are several approaches used in the practice of assessing the readiness of graduates by regions: a psychodiagnostic approach, a behavioral and competence approach. In the analysis, we relied on the understanding of the assessment of readiness for independent life through the correlation of the formed life competencies with the requirements that are imposed on graduates and with those indicators that determine the ability to apply the relevant competencies in the right situations. If educational programs, readiness criteria have been developed in organizations for orphans and work is being carried out, then in relation to teenagers who are in substitute families, it is assumed that they will naturally prepare for life in the post-international period in the family or they will undergo career guidance at school. According to the results of monitoring, such a statement of the question is questionable. The prospects of the study are related to the development of a system for assessing the readiness of graduates for independent living, the standard for preparing graduates of organizations for orphans and substitute families to live independently.

SPECIAL ORDER OF JUVENILE FAMILY RIGHTS PROTECTION: THEORY AND RESEARCH ASPECTS

2017 ◽  
Vol 21 (4) ◽  
pp. 165-170
Author(s):  
Е. V. Kaymakova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Family Relations ◽  
Federal Law ◽  
Rights Protection ◽  
The Family ◽  
The Russian Federation ◽  
The Right ◽  
Family Code ◽  
Special Order

The article describes theory and research aspects of special order of juvenile family rights protection on the basis of existing family legislation. A key problem in this sphere is child's special legal status in family relations. Every child acts as a subject of these relations and has the right to protect the rights independently in all ways provided not only according to the Family code of the Russian Federation (further - the IC RF) but also using different ways specified in other laws. Traditionally there are two main forms of juvenile protection - jurisdictional and not jurisdictional. The main form of juvenile protection is jurisdictional: general (or judicial) and special (or administrative) protection acts. The author analyzed standards of the Family code of the Russian Federation and the Civil Code of the Russian Federation, the Federal law "About children’s welfare", the Federal law "About Prosecutor's Office of the Russian Federation", the Decree of the President "About children’s rights ombudsman of the Russian Federation ". The author also studies scientific works of the leading Russian scientists in the field of family law. During the research the author draws a conclusion that administrative protection of juvenile family rights in the Russian Federation has legislative solution. At the same time, it is necessary to recognize that achievement of native law and order is the right for judicial protection proclaimed by the Constitution of the Russian Federation in 1993. It states the availability of justice to any person and restriction inadmissibility to appeal to the court.

scholarly journals Ensuring The Right of The Suspect And The Accused For Defense

2021 ◽  
Vol 9 (SPE3) ◽  
Author(s):  
Anton Valerevich Popenkov ◽  
Dmitriy Aleksandrovich Ivanov ◽  
Sergey Nikolaevich Khoryakov ◽  
Lyudmila Nikolaevna Poselskaya
Keyword(s):  
Criminal Justice ◽  
Russian Federation ◽  
International Organizations ◽  
Legal System ◽  
Constitutional Rights ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Individual ◽  
The Right

Authors study the issues of providing the suspect and the accused with the right for defense in criminal proceedings through the prism of the provisions enshrined in international normative legal acts and the Constitution of the Russian Federation. The relevance of this article is substantiated by the authors by the fact that the consideration of the problems of the procedural status of the suspect and the accused in the criminal case should start with this basic provision of the principle of criminal proceedings, such as ensuring the right for protection to the suspect and the accused under article 16 of the Criminal Procedure Code of the Russian Federation. In the context of the modern legal state and the requirements of the Constitution of the Russian Federation, which establishes the basic rights and freedoms of the person and the citizen. The solution to this problem becomes extremely important in the field of criminal justice, which is inevitably associated with the restriction of the constitutional rights of the individual within the limits allowed by law. In this regard, the problems of ensuring the right of the suspect and the accused to a defense require special attention. Based on the results obtained, the authors conclude that compliance with the guarantees of the right to defense of suspects and accused persons has a significant impact on the domestic and foreign policy image of the Russian Federation, being directly proportional to the legal insinuations of international organizations and attempts to influence the Russian legal system.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

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